A commentary on insurance coverage issues in Hawaii and beyond
The insurer's motion to dismiss a nationwide class action suit arising from shutdown orders after the COVID-19 pandemic was rejected by the court. Back2health Chiropractic Ctr. v. Sentinel Ins. Co., 2021 U.S. Dist. LEXIS 42791 (D. N.J. March 15, 2021).
Back2health sought coverage under its all-risk policy after stay-at-home and…
In a well reasoned decision, the Superior Court in California denied the insurer's motion for judgment on the pleadings on a business interruption claim arising from COVID-19. Boardwalk Ventures CA, LLC v. Century-National Ins. Co., et al., 2021 Cal Super. LEXIS 35 (Cal. Super. Ct. March 18, 2021). The decision is here…
In another victory for policy holders on business interruption claims arising from COVID-19, the federal district court denied the insurer's motion to dismiss on one of two claims. Kingray Inc. v. Farmers Group Inc., et al., 2021 U.S. Dist. LEXIS 41300 (C. D. Cal. March 4, 2021).
Plaintiff Kingray Inc.…
The Delaware Supreme Court affirmed the trial court's finding of coverage under the Directors and Officers policy. RSUI Indemn. Co. v. Murdock, 2021 Del. LEXIS 90 (Del. March 3, 2021).
In November 2013, Murdock, director and CEO of Dole Food Company, Inc., took the company private through a merger transaction in…
After a coverage dispute for damage caused by Hurricane Harvey was settled, the insured's claims against its insurance broker for providing insufficient coverage were dismissed. Hitchcock Indep. Sch. Dist. v. Arthur J. Gallagher & Co., 2021 U.S. Dist. LEXIS 57452 (S.D. Texas Feb. 26, 2021).
The School District suffered $3.5…
The insured dental practice survived a motion to dismiss its business interruption claim arising from closures due to the coronavirus pandemic. Derek Scott Williams PLLC v. Cincinnati Ins Co., 2021 U.S Dist. LEXIS 37096 (N.D. Ill. Feb. 28, 2021).
On March 22, 2020, the Texas governor issued an order postponing…
The federal district court denied the insurer's motion to dismiss the hotel's claim for business interruption coverage. Sunstone Hotel Investors, Inc. v. Endurance Am. Spec. Ins. Co., No. SACV 20-02185, (C.D. Cal. Feb. 26, 2021).
From February 24 to 27, 2020, the insured hotel hosted an international meeting of leaders…
The Hawaii Supreme Court has granted certiorari to hear an appeal from the Intermediate Court of Appeals decision in Carvalho v. AIG Hawaii Insurance Company, 148 Haw. 370, 477 P.3d 164 (Haw. Ct. App. 2020). A summary of the ICA decision is here. The ICA reversed the trial court's granting of summary…
The court agreed that the insurer had no potential liability under a policy where the insured allegedly concealed facts and made misrepresentations regarding the condition of the property it sold. State Farm Fire & Cas. Co. v. TFG Enterprises, LLC, 2021 Neb. LEXIS 27 (Neb. Feb. 19, 2021).
TFG sold…
The federal district court found that the insurer had a duty to defend the underlying suit based on damages allegedly arising from exposure to COVID-19. McDonald's Corp. v. Austin Mutual Ins. Co., No. 20 C 5057, Order (N.D. Ill. Feb.22, 2021). The decision is here.
McDonalds was sued for…
